THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF OHIO 

EASTERN DIVISION 

SAMUEL H. WALTERS, ) 

As Administrator of the Estate of ) 

Daniel F. Walters, Deceased, ) 

 ) Case No. 2:11-cv-720 

and ) 

 ) JUDGE WATSON 

 ) 

RUTH SHEETS, ) MAGISTRATE JUDGE ABEL 

As Administrator of the Estate of ) 

Lorrie A. Moody, Deceased, ) 

 ) 

 Plaintiffs, ) 

 ) 

v. ) 

 ) 

UNITED STATES OF AMERICA, ) 

 ) 

 Defendant. ) 

 

PROTECTIVE ORDER

 IT IS HEREBY ORDERED, under Federal Rule of Civil Procedure 26(c) and 

the Privacy Act, 5 U.S.C. § 552a(b)(11), that the United States of America is 

authorized to release to counsel for Samuel H. Walters and counsel for Ruth Sheets, 

without obtaining written consent of the individual to whom the records pertain, 

the following Bates labeled files and documents that are or may be subject to 

protection under the Privacy Act: Pre-Employment File (140-178), Official 

Personnel File (179-210), Operators Record (213-219), Observation of Driving 

Practices (297), Separation Request Worksheet (211), and Resignation From the 

Postal Service (212), all specifically for Charles A. Delong Jr.; Rural Carrier Trip 

Reports and Rural Carrier Time Certificates, for personnel delivering on Rural 

Route 7 including Delong (298-342); and the 804/806 Road Test page that includes 

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Delong (294). In addition, although not subject to the Privacy Act, the Examiner’s 

Booklet, Examination 804 Initial Road Test and Examiner’s Booklet, Examination 

806 End of Training Road Test are covered by this Protective Order under Fed. R. 

Civ. P. 26(c) since they are ordinarily restricted to use by Postal examiners and are 

marked “RESTRICTED—Examiner’s Use Only.” Disclosure of the foregoing 

documents, and information from each of those documents, is subject to the 

following conditions: 

1. The United States is entitled to assert other objections and privileges 

and to make appropriate redactions including social security numbers, birth dates, 

home addresses, and home telephone numbers. 

2. The plaintiffs shall use the disclosed documents and information only 

to litigate this case, including any subsequent appeals, and shall not disclose them 

to the public or any other person or entity for any reason other than to litigate this 

case, including any subsequent appeals. 

3. Except as otherwise ordered by this Court, disclosure may be made 

only to the following persons: (a) parties and counsel for the parties in this action; 

(b) partners, associates, secretaries, paralegal assistants, and employees of such 

counsel to the extent reasonably necessary to render professional services in this 

action; (c) persons retained by the parties or their counsel to assist in discovery, 

preparation for any hearing, or to serve as expert witnesses, provided that such 

disclosure is reasonably and in good faith calculated to aid in litigating this case; (d) 

persons with factual knowledge relating to this case who may be called as witnesses 

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at any hearing, provided that such disclosure is reasonably and in good faith 

calculated to aid in litigating this case; (e) any deponent in this case during his or 

her deposition, provided that such disclosure is reasonably and in good faith 

calculated to aid in litigating this case; and (f) court personnel, mediators, and court 

reporters. 

4. Any persons to whom disclosure is made shall be given a copy of this 

Order and advised of its terms. 

 5. Any party wishing to disclose such materials in any filing in this case 

must first move for leave to file such materials under seal. 

 6. Deposition testimony shall be kept confidential, and that testimony 

shall not be provided to anyone other than the individuals identified in paragraph 3 

above and the court reporter. 

 7. If either plaintiff seeks to use the documents or information in open 

Court or at trial, orally or through documents, including as trial exhibits, he or she 

must first seek an Order from the Court ruling that the information is relevant and 

may be publicly disclosed. 

 8. The production of the documents is not a waiver of the right of the 

United States to claim that the documents or information contained in the 

documents are inadmissible at trial. 

 9. The entry of this Order and the production of documents is not a 

waiver by the United States of its right to oppose any additional discovery in this 

case or any related case. 

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 10. Within 30 days after the end of this litigation, including any appeal, 

counsel shall return all copies of the documents to the attorney for the United 

States of America at the United States Attorney’s Office, 303 Marconi Blvd., Suite 

200, Columbus, Ohio 43215. Instead of returning the documents, counsel may 

destroy the copies and provide written assurance of their destruction to the attorney 

for the United States of America. 

 SO ORDERED this 26th day of April, 2012. 

 

 s/ Mark R. Abel__________________________ 

 UNITED STATES MAGISTRATE JUDGE

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